BROOKLYN – The Appellate Division of State Supreme Court voted 4-0, Wednesday, to declare Republican Thomas Kirwan of Newburgh the winner in the 100th District State Assembly race. The race was the last unresolved contest from the November general election.

Kirwan, a former assemblyman, defeated Democrat Frank Skartados of Milton, who held the seat for the last two years, after beating the veteran incumbent in 2008.

“Winning is better than losing,” Kirwan said.

The Appellate Court will now ask the Supreme Court justice handling the case to certify the results with the boards of elections since the district is comprised of portions of Orange, Dutchess and Ulster counties.

Kirwan believes his seat is pivotal to Republicans in the Assembly.

He said with Assembly Republicans now holding 51 votes, they will be able to sustain any vetoes by Governor Andrew Cuomo thus blocking any efforts to Assembly Speaker Sheldon Silver to garner support to override.
The race for this seat has been extremely close with the Supreme Court justice spending weeks mulling over individual ballots to decide which would be acceptable as bona fide tallies and which would not.

Skartados, meanwhile, posted a comment on his Facebook page for a short time Wednesday and then took it off. “"Just a few minutes ago, I received the news that we have lost the appeal to have the remaining ballots be opened; consequently, I congratulate my opponent and wish him the strength to serve the people of the Hudson Valley,” he wrote.

He told MidHudsonNews.com that his attorneys are reviewing the court ruling before deciding whether to appeal to the state Court of Appeals.

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